Policy for Work-Life Balance in Veterinary Practice
The HR Vet, Dr Lisa Murray MVB, MSc, BA Law, A.M.
The policy document below is written in compliance with S.I. No. 92/2024 - Work Life Balance and Miscellaneous Provisions Act 2023 (Workplace Relations Commission Code of Practice on the Right to Request Flexible Working and the Right to Request Remote Working) Order 2024.
The Workplace Relations Commission introduced a Code on Work-Life Balance to provide guidelines and best practices for employers and employees regarding remote, flexible, and hybrid working arrangements. It aims to promote a healthy work-life balance by offering practical advice on how organisations can effectively implement policies and procedures to support their employees' well-being and productivity. Additionally, the Code serves to ensure compliance with relevant legislation and encourages continuous improvement in work-life balance initiatives within the workplace. We have developed a Policy on Work-Life Balance in compliance with this Code and is written based on the provisions of the Code.
Purpose of this Policy
Guidance: It provides guidance to employees on the organisation's stance and expectations regarding work-life balance. This helps in setting clear boundaries and expectations, reducing ambiguity, and preventing misunderstandings.
Employee Well-being: It demonstrates the organisation's commitment to supporting the well-being of its employees. By acknowledging the importance of work-life balance, we endeavour to prevent burnout, reduce stress, and promote overall employee health and happiness.
Retention and Recruitment: A strong work-life balance policy can be a valuable tool for both retaining existing employees and attracting new talent.
Productivity and Engagement: Research shows that employees who feel supported in achieving a healthy work-life balance tend to be more productive, engaged, and loyal to their organisations. We endeavour to foster a positive work environment and contribute to higher levels of employee satisfaction and morale.
Legal Compliance: The policy complies with our rights and obligations set out in the Parental Leave Acts, 1998-2023 as amended by the Work Life Balance and Miscellaneous Provisions Act, 2023 in relation to requests for flexible working and the Work Life Balance and Miscellaneous Provisions Act, 2023 in relation to requests for Remote Working (RW).
Culture and Values: Our work-life balance policy reflects the organisation's values and culture. By prioritising employee well-being, we commit to creating a positive and supportive work environment, which will strengthen our company culture and reinforce our core values.
Scope of this Policy
The scope of the policy covers the rights, obligations and procedures surrounding flexible working arrangements and working from home arrangements in the workplace.
The Organisation’s Commitment to Flexible and Remote Working
This organisation is committed to supporting work-life balance working arrangements for our staff bearing in mind that there is no automatic right to flexible or remote working and any arrangement entered into must work both for the business and the employee. We are committed to ensuring compliance with the provisions of the Parental Leave Acts 1998-2023 and the Work Life Balance and Miscellaneous Provisions Act 2023. These should be read in line with employment equality and other existing employee rights and responsibilities. This policy sets out the arrangements that will apply for flexible and remote working in this organisation. This organisation will deal with each application objectively, fairly and reasonably, in line with the legislation, the procedures set out in the WRC Code of Practice on Flexible and Remote Working and this policy.
Agreeing to or refusing one request will not set a precedent or create the right for another employee to be granted or refused a similar change to their working pattern. Employees and management are required to be realistic and recognise that not all flexible and/or remote working arrangements will be appropriate for all roles. In considering any application for flexible and remote working the suitability of the applicant’s role for the working arrangement requested will be considered considering the relevant legislation and the WRC Code of Practice on Flexible and Remote Working.
Health and Safety Commitments
The employer is committed to ensuring compliance with their obligations under the Safety, Health and Welfare at Work Act, 2005 and providing a safe place and safe system of work. Employees are reminded of their obligations in ensuring their own safety and that of others while at work. In this regard, the employer will be guided by the provisions of The Health and Safety Authority Occupational Safety & Health Guidance on Remote Working available at https://www.hsa.ie/eng/topics/remote_working/remote_working_guidance.pdf.
Working arrangements considered in this Policy
The following types of remote working arrangements will be considered in this organisation
home as the main place of work
splitting work between home and the workplace
the veterinary practice as the main place of work, with occasional working from home
hub working
jurisdiction will be limited to Ireland
The Organisation expects employees to be flexible to meet business needs. On-site attendance may be requested by the employer for reasons such as (but not limited to) induction, mandatory training, staff meetings, disciplinary meetings, customer meetings, other events, even if they fall on the normal working from home day.
These arrangements are guidelines that we will generally follow, but we may consider requests outside of these limits depending on an employee’s circumstances.
In addition to these arrangements, the organisation is willing to consider other types of flexible working arrangements such as:
Part-time work.
Term-time work.
Job-sharing.
Flexitime.
Compressed working hours
Anchor/on-site days
This Organisation requires fixed days on-site where employees party to a remote working agreement must attend the workplace. These days are referred to as ‘anchor days’,
Anchor days for the purpose of this policy will be agreed with management on a case-by-case basis with each employee based on the needs of the employee. Staff designated as “essential workers” are always required to be on site at the discretion of the employer.
Other Company Policies
While an employee is availing of flexible or remote working performance management will continue to be handled in line with the existing performance management policy.
The sickness and absence policy will continue to apply.
Training and professional development will continue to be available as outlined in the organisation policy.
Availing of flexible or remote working will not limit promotional opportunities within the organisation.
Grievance and disciplinary policies will continue to apply.
Security and data protection, IP and privacy policies will continue to apply.
GDPR and record retention policies will continue to apply.
Time management, punctuality and right to disconnect policies will continue to apply.
Equality, diversity and inclusion policies will continue to apply.
Social media, email and internet policies will continue to apply.
Anti-Bullying policies also continue to apply.
Occupational health and safety (safety statements), incident and accident reporting will continue to apply
Working Hours
The working hours outlined in your employment contract apply to all flexible and remote working agreements. Unless other working hours are agreed as part of your individual work-life balance working arrangement, employees are expected to be available during these hours. If alternative hours are agreed, this agreement will be appended to your contract of employment.
Employees working remotely are still expected to maintain the same working hours and observe the same break and rest entitlements as if they were in the workplace and should record hours in the same way as per the designated procedures.
Management strongly recommends that you acknowledge your right to disconnect from work outside of working hours. Employees are not expected to work outside their contracted hours when they are working remotely and are encouraged to familiarise themselves with the WRC Code of Practice for Employers and Employees on the Right to Disconnect.
Working Environment
There will be an assessment of your remote working location as regards its suitability for work. This assessment will consist primarily of matters pertaining to health and safety, security and privacy, and a suitable internet connection. Please discuss the details of this assessment with management at the time of your application.
Tax Implications
You may be able to claim tax relief on additional utility costs when working from home, including electricity, heating and broadband. Please refer to the Revenue.ie for information. Remotely working from home (revenue.ie).
FLEXIBLE WORKING
What is flexible working?
Flexible working refers to a work arrangement that offers employees some degree of flexibility in how they structure their work hours and where they work from. It can take various forms, including:
Flexible hours: Employees may have the option to vary their start and finish times, allowing them to better accommodate personal commitments or take advantage of their most productive hours.
1. Remote work: Also known as working from home, this allows employees to work from locations other than the traditional office, often enabled by technology such as laptops, smartphones, and internet connectivity.
2. Compressed workweeks: Employees work their standard number of hours in fewer days, such as working four 10-hour days instead of five 8-hour days.
3. Part-time work: Employees work fewer hours than traditional full-time roles, often by working fewer days per week or fewer hours per day.
4. Job sharing: Two or more employees share the responsibilities of a single full-time position, dividing the workload between them.
5. Flexitime: Employees have a set number of core hours during which they must be present at work (e.g., 10 am to 4 pm), but they can choose when to start and end their workday around those core hours.
Who can request flexible working arrangements?
1. You have the statutory right to make a request for flexible working hours if you are:
·the parent or acting in loco parentis to a child under 12 years of age or under 16 years if the child has a disability or illness and who is or will be providing care to the child, or
providing or will provide personal care or support to a specified person namely the employee’s child, spouse or civil partner, cohabitant, parent or grandparent, sibling or a person other than one in the categories already specified who lives in the same household as the employee. The person must also need significant care or support for a serious medical reason.
2. An employee can request from their first day at a new job, but they must complete a minimum of 6 months continuous employment with their employer before an approved arrangement can start.
3. A gap in service of less than 26 weeks with the relevant employer will be discounted for the purpose of assessing whether the employee has the required 6 months continuous service before a flexible work arrangement can start.
How to make a flexible working request
1. An employee must submit their request for flexible work to their employer as soon as is reasonably practicable but not later than 8 weeks before the proposed starting date.
2. A request for flexible work must be in writing (hard copy or electronic) and signed by the employee.
3. The request must include the information set out below.
4. A request for flexible work for caring purposes must include the following information:
a. the form of flexible work being requested
b. the proposed starting date
c. proposed duration of the flexible work arrangement.
d. The following information may also be requested: details of whom the request is in respect of i.e. a child or a specified person as provided for under the Act which could be a parent, spouse, civil partner, grandparent, cohabitant, brother or sister of the employee
in the case of a child, a copy of the child’s birth certificate or certificate of placement from a registered adoption agency or Tusla (the Child and Family Agency
in the case of a specified person in need of significant care or support for a serious medical reason:
· the employee’s relationship to the person
· the nature of the significant care or support, and relevant evidence of the need for significant care or support, that is, a medical certificate stating that the person named in the certificate needs significant care or support for a serious medical reason, and signed by a registered medical practitioner
Or
· in the absence of a medical certificate, such evidence the employer may reasonably require in order to show that the person concerned needs significant care or support for a serious medical reason.
The employer is mindful of its obligations under GDPR in this circumstance. See section in staff handbook detailing Policy on Data Protection.
An employee can withdraw their request for flexible work, up to when an approved arrangement is signed by the employee and employer. Notice to withdraw a request must be in writing and signed by the employee and given to the employer.
The right to a response to a flexible work request
On receipt of a request for flexible work, we will respond as soon as is reasonably practicable, but not later than 4 weeks after receiving the request. We reserve the right to extend this 4-week period for a further period not exceeding 8 weeks in cases where we experience a difficulty in making the assessment. Within 4 weeks of receiving the request, we will either:
approve the request and include an agreement which sets out the details of the agreed arrangement (the start date and duration), or
provide notice in writing informing the you that the request has been refused and the reasons for the refusal, or
provide notice in writing informing you that more time is needed to assess the request and set out the length of the extension.
Factors we will consider when assessing a request for flexible work
On receipt of a flexible work request we will consider the request, having regard to:
the needs of our business
your needs, i.e. the reasons why you are requesting the flexible work
guidelines issued to us in Part 2 of the Workplace Relations Commission’s Code of Practice for Employers and Employees - Right to Request Flexible Working and Right to Request Remote Working
Requests for changes to flexible working arrangements
We will consider a change to a flexible working arrangement which has already been signed either before or after it has started. A change to an arrangement can be:
postponing the arrangement or part of it to an agreed date; or
curtailing the period of the arrangement in a way and to the extent agreed; or
varying the arrangement in an agreed way.
Where an approved flexible working arrangement has not yet commenced and you become ill or incapacitated and are unable to undertake the care in relation to which the flexible working arrangement is based, you can give notice to us postponing the arrangement until the you have recovered. This notice must be in writing and be given as soon as is reasonably practicable and include a medical certificate or such evidence that we may reasonably require showing that you are unable to care for the person concerned.
Termination of a flexible working arrangement
We can terminate an approved flexible working arrangement in certain circumstances, before or after it has started, if we are satisfied that the flexible working arrangement would have, or is having, a substantial adverse effect on the operation of our business because of:
seasonal variations in the volume of the work concerned, or
the unavailability of a person to carry out your duties or
the specialised nature of the duties in question or
we are understaffed or
the number of employees whose periods of approved flexible working arrangement overlap in whole or in part with the period specified in your arrangement, or
any other matters relevant to the substantial adverse effect on the operation of our business.
In such circumstances, we can give you written notice of termination of an arrangement, having considered the following;
the needs of the business
your needs, i.e. your reasons for requesting flexible working; and
the requirements of this Code of Practice in relation to considering termination.
The notice will set out the reasons for termination and specify the date on which you must return to your original working arrangement. This date will not be earlier than 4 weeks from the date of receipt of the notice of termination unless the date the approved flexible working arrangement comes to an end is less than 4 weeks from the date of receipt of the notice. In the event that we give notice of termination, we will firstly
notify you in writing of the proposal to terminate the arrangement, and
include details of the grounds for terminating the arrangement, and
give you 7 days after receipt of the notice to make representations to us in relation to the proposal, and
consider any representations made by you before deciding whether to give notice of termination.
When considering termination of a flexible working arrangement we will consider if the reasons for terminating the arrangement are objective, fair and reasonable. The grounds for the decision will be set out in a clear manner in the notice to help you to understand why the arrangement is being terminated and that the decision has been given consideration. Where you receive the notice, we will also consider in an objective, fair and reasonable manner any representations that you have made. We will consider whether any alternative arrangement may be feasible other than termination depending on the particular circumstances of each individual case. If we decide to proceed with terminating the arrangement, you must return to your original working arrangement on the date stated in the notice.
Return to pervious working arrangement
You can request by written notice, to return to your original working arrangements earlier than had been approved by providing reasons and a proposed date of return. We will consider and give notice within 4 weeks of receipt as to whether the request has been approved or refused and the reasons for any refusal. When considering the request, we will have regard to:
the needs of the business; and
the reasons you made the request to return early.
If we agree to an early return, we can propose an alternative date for return to the original working arrangement. On the expiration of an employee’s flexible working arrangement, you are entitled to return to the original working arrangement that you held immediately before the approval of the flexible working arrangement.
Abuse of the flexible working arrangement
You must use the approved flexible working arrangement for the purpose for which it was approved. If we have reasonable grounds for believing that the flexible working arrangement is not being used for that purpose, we can give an you written notice of termination of the agreement setting out the reasons for the termination and specifying the date on which you must return to your original working arrangement. On doing so, we will firstly:
notify you in writing of the proposal to terminate the arrangement; and
include details of the grounds for terminating the arrangement; and
give you 7 days after receipt of the notice to make representations to us in relation to the proposal; and
consider any representations made by you before deciding whether to give notice of termination.
If you are required to do so, you must return to your original working arrangement 7 days after receiving notice of termination for abuse of an arrangement.
Protection of employees from penalisation
We will not penalise an employee for proposing to or having exercised their rights to make a request for flexible working or a request to return to a previous working arrangement.
REMOTE WORKING
What is Remote Working?
For the purposes of the Work Life Balance and Miscellaneous Provisions Act, 2023, Remote Working is an arrangement whereby some or all of the work ordinarily carried out by an employee at an employer’s place of business under a contract of employment is provided at a location other than at the employer’s place of business without change to the employee’s ordinary working hours or duties.
Right to Request Remote Working
All employees have the right to make a statutory request for remote working. You can request remote working from your first day of employment, but you must complete a minimum of 6 months continuous employment with us before an approved arrangement can start. A gap in service of less than 26 weeks with us will be discounted for the purpose of assessing whether you have the required 6 months continuous service before a remote working arrangement can start.
Making a Remote Working Request
You must submit your request for remote working to us as soon as is reasonably practicable but not later than 8 weeks before the proposed starting date. A request for remote working must be in writing and signed by you. For the purpose of the Workplace Relations Commission’s Code on Work-Life Balance, an online application satisfies this requirement. The written or online request form must include the following information to help us with the decision-making process:
details of the remote working arrangement i.e. how many days and which days requested, and
the proposed starting and end date of the arrangement and
the reasons for requesting remote working
You should demonstrate that you can continue to perform your role remotely to the required standard and your individual specific reasons for making the request for remote working. Examples of reasons for requesting Remote Working could include, but are not limited to:
reducing the daily commute and carbon foot-print
optimising quality of life outside normal working hours
personal or domestic circumstances
neurodiversity or special medical needs or circumstances which could favour a quiet working environment or facilities not always available in the workplace.
4. you must also include details of the proposed remote working location (e.g. at home, a work hub) and
5. information on the suitability of the proposed location which should include information on the following, where relevant:
the workstation is suitably equipped and configured to enable you to perform your role and duties effectively to the required standard
the distance of the proposed remote workplace to your usual on-site place of work – the must be agreeable us
a suitable workstation that provides adequate privacy is available
a commitment to ensuring that company data and intellectual property is secure and protected in accordance with our IP and privacy policies
an agreement to complying with your obligations, and to cooperating with our obligations, in ensuring compliance with the Safety, Health and Welfare at Work Act 2005
an agreement to a risk assessment and, if approved, to make no subsequent substantive changes to the workstation without authorisation
an agreement to demonstrate compliance with, but not limited to, data protection, data security, confidentiality, IT, social media, email, protection of intellectual property company policies and measures
the availability of relevant equipment and technology at the proposed location and agreement to ensuring that equipment is used appropriately
confirmation of adequate and secure internet connection to perform the role which may need to be assessed by the company’s IT department.
You agree to submit any additional information that we may reasonably require in relation to the request.
You are responsible for reviewing your obligations under GDPR in relation to sensitive personal data which may be involved in remote working applications.
You can withdraw a request for remote working by giving written notice to us.
Right to a Response to a Remote Working Request
We will respond to your request for emote working as soon as is reasonably practicable, but not later than 4 weeks after receiving the request. If we are having difficulty assessing the viability of the request, we have the right to extend the 4-week period for a further period not exceeding 8 weeks
Within 4 weeks of first receiving the request we will:
approve the request and this approval will include an agreement prepared and signed by both parties setting out the details of the agreed arrangement, the start and end date, if any, of the arrangement; or
refuse the request by written notice informing you that the request has been refused and the reasons for the refusal
provide notice in writing informing you that more time is needed to assess the viability of the request setting out the length of the extension.
Considering a Remote Working Request
We will consider your request for remote working having regard to:
the business needs; and
your needs, i.e. your reasons for requesting remote working; and
the requirements of the WRC Code of Practice in relation to considering a request.
We will consider a request for remote working in an objective, fair and reasonable manner. We may consider both the suitability of the role for remote working as well as your suitability to work remotely. In reviewing whether a role is suitable for remote working, we will consider the following (this is a non-exhaustive list and these matters may not be relevant in all situations):
What type of work does the role entail?
What are the employee’s key duties?
Can any of the duties which make up the role be undertaken remotely?
Does the role require a high degree of manual work?
Does the role include tasks that must be performed or are more efficiently performed on-site?
Does the role require access to equipment/technologies or data that are only available on-site?
Does the role require face-to-face engagement with clients, customers or other employees on-site or at other locations?
Would remote working affect the service quality or organisational operations considering the number of employees currently on approved leave and/or on approved remote working or flexible working arrangement?
Are there technological solutions to mitigate issues arising from remote working?
Do any health and safety issues arise if activities are undertaken remotely?
In considering a request for remote working, we will consider the suitability of the employee. The following questions may be considered by us (This is a non-exhaustive list and these matters may not be relevant in all situation).
Does the employee have the necessary IT skills to complete their required job functions outside of the workplace?
Does the employee understand their role and require minimal supervision to complete their tasks?
Has the employee met the performance standards and requirements of the role?
Is the employee subject to an extended probation period?
Is the employee subject to an active performance improvement plan?
Is the employee involved in an ongoing disciplinary process or is there a live record of disciplinary action?
Is the employee subject to a training programme or apprenticeship which requires supervision?
Has the employee demonstrated an ability to meet deadlines or any other business requirements?
Does the employee understand the need to demonstrate flexibility when required to attend on-site outside of their agreed arrangement in order to meet business needs?
Does the employee understand that there may be a requirement to participate in team meetings/training/one-to-ones online while working remotely?
Has the employee maintained a satisfactory attendance record and complied with the employer’s attendance policy?
Does the employee need to be on-site for learning, development or mentoring purposes?
Does the employee need to be on-site to collaborate with colleagues in a team environment in a face-to-face setting?
In a situation where we cannot approve the remote working, both parties should be open to exploring and agreeing an alternative arrangement, where feasible, considering the specific circumstances of each individual case. It should be noted that a remote working arrangement may lead to changes to your terms and conditions in line with the Terms of Employment (Information) Act 1994 as amended.
Changes to a Remote Working Arrangement
Both parties can agree, in writing, a change to a remote working arrangement which has already been signed, before or after it has started. A change to an arrangement can be:
postponing the arrangement or part of it to an agreed date; or
curtailing the period of the arrangement; or
varying the arrangement in an agreed way.
Termination of a Remote Working Arrangement
We can terminate an approved remote working arrangement in certain circumstances, before or after it has started if we are satisfied that the remote working would have, or is having, a substantial adverse effect on the operation of our business because of:
seasonal variations in the volume of the work concerned, or
the unavailability of a person to carry out your duties in the employer’s place of business, or
any other matters relevant to the substantial adverse effect on the operation of our business.
In such circumstances we will give you written notice of termination of an arrangement after considering the following:
the needs of the business
your reasons for applying for remote working
the requirements of the WRC Code of Practice in relation to considering termination.
The notice will set out the reasons for termination and specify the date on which you must return to their original working arrangement. This date will not be earlier than 4 weeks from the date of receipt of the notice of termination unless the date the approved remote working arrangement comes to an end, is less than 4 weeks from the date of receipt of the notice. On giving notice of termination, we will:
notify you in writing of the proposal to terminate the arrangement, and
include details of the grounds for terminating the arrangement, and
give you 7 days after receipt of the notice to make representations to us in relation to the proposal, and
consider any representations made by you before deciding whether to give notice of termination.
When considering termination of a remote working arrangement we will consider if our reasons for terminating the arrangement are objective, fair and reasonable. The grounds for the decision will be set out in a clear manner in the notice to help you to understand why the arrangement is being terminated and that the decision has been given consideration. Both parties should consider whether any alternative arrangements other than termination may be feasible depending on the particular circumstances of each individual case. If we decide to proceed with terminating the arrangement, you must return to your original working arrangement on the date stated in the notice.
Return to Previous Working Arrangement
You can request by written notice to return to your original working arrangement earlier than had been approved by providing reasons and a proposed date of return. We will consider and give notice within 4 weeks of receipt as to whether the request has been approved or refused and the reasons for any refusal. When considering the request, we will have regard to:
the needs of the business
the reasons the you made the request to return; and
the WRC Code of Practice relating to considering a request to return.
We will consider any applicable legal or contractual obligations owed by either party before approving or refusing your request to return to your original work arrangement. If the we agree to your early return, we will propose an alternative date for you to return to your original working arrangement. On the expiration of an your remote working arrangement, you are entitled to return to the original working arrangement that you held immediately before the approval of the remote working arrangement.
Abuse of Remote Working Arrangement
You must continue to meet all the requirements of your role while you are working remotely. If we have reasonable grounds for believing that you are not fulfilling all of the requirements of your role, we can give you notice of termination of an arrangement setting out the reasons for termination and specifying the date on which you must return to your original working arrangement. We will outline the grounds for termination as follows:
in writing of the proposal to terminate the arrangement; and
include details of the grounds for terminating the arrangement; and
give you 7 days after receipt of the notice to make representations to us in relation to the proposal; and
consider any representations made by you before deciding whether to give notice of termination.
You are required to return to your original working arrangement 7 days after receiving notice of termination for abuse of an arrangement.
Protection of Employees from Penalisation
We will not penalise an employee for proposing to or having exercised their rights to make a request for remote working or a request to return to a previous working arrangement.
Review
The Organisation will review this policy on an annual basis as part of an overall review of your Staff Handbook.
Every remote or flexible working arrangement is subject to an initial trial period of 6 months. The trial period will allow time for both employees and managers to assess how the arrangement is working. Any issues should be raised/discussed and dealt with at an early stage through ongoing engagement with the manager. A formal review meeting will take place between the manager and the employee at the end of the trial period and any issues arising can be discussed with a view to resolving them. A further trial period or termination may be considered if necessary or if no issues have arisen the arrangement can be signed off on.
Template Application Form for Flexible Working
For a template application form for applying for flexible working please see the WRC Code of Practice for Work-Life Balance available at: https://www.workplacerelations.ie/en/what_you_should_know/codes_practice/code-of-practice-for-employers-and-employees-right-to-request-flexible-working-and-right-to-request-remote-working/code-of-practice-for-employers-and-employees.pdf